[Autom. eng. transl.] The power of self-determination that must be recognized generally to the testator is more contracted when they come to the succession of the legitimate. However, it is precisely to these that the deceased may address certain provisions in order to establish an alternative structure to the system of legitimate succession. To this end, the provisions in particular referred to in Articles 551, 552, and 564, 2nd paragraph, cod. civ., which act as true and proper legacies and directly affect the position of the legitimate, if the latter adhere to it and do not prefer to achieve the legitimate. Instead, the determinations of the testator for the purpose of obtaining a divisive effect, in accordance with Articles 733, 734 and 735 cod. civ .: they, in principle, cannot be disregarded by the legitimate, without prejudice to the hypothesis of total prediction. The analysis of these institutions makes it possible to grasp the peculiar meaning that must be attributed to the mandatory nature of the necessary succession rules, as confirmed - in addition to the regulation of the reduction action - by the available nature of the protection pursuant to art. 549 cod. civ.
|Translated title of the contribution||[Autom. eng. transl.] The testamentary dispositions directed to the legitimacy|
|Publication status||Published - 2012|
- Last will and testament